JUAREZ v. SUPERIOR COURT

Docket No. L.A. 31483.

31 Cal.3d 759 (1982)

647 P.2d 128

183 Cal. Rptr. 852

JOE JUAREZ, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SQUARE DEAL MACHINE COMPANY, INC., Real Party in Interest.

Supreme Court of California.

July 1, 1982.


Attorney(s) appearing for the Case

COUNSEL

Greene, O'Reilly, Agnew & Broillet, Timothy J. Wheeler and Bruce Brusavich for Petitioner.

No appearance for Respondent.

Hast & Sabatasse, Patrick J. Hast and Gary Soter for Real Party in Interest.


OPINION

MOSK, J.

In this personal injury action, where the principles of comparative negligence apply and the votes of only nine jurors are necessary to reach a verdict (Cal. Const., art. I, § 16; Code Civ. Proc., § 618), the question is whether a juror who has disagreed with the majority on the issue of negligence may nevertheless provide the ninth vote necessary to decide the issue of how to apportion the damages among...

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